Property owners have a legal duty to keep their premises safe for visitors. When they fail to meet that responsibility, accidents such as slips, trips, and falls can cause serious injuries. If you were hurt due to unsafe conditions on someone else’s property, you may be entitled to seek compensation for medical expenses, lost wages, and other related damages.
A Decatur premises liability lawyer can help you understand your legal options and build a strong claim. Holding negligent property owners accountable can be complex, but experienced legal guidance can make a meaningful difference in your case.
At Marks Law Group, we are committed to protecting injured victims and fighting for the compensation they deserve. Call us today at (678) 251-9309 to discuss your case and take the next step toward recovery.
Understanding Georgia’s Premises Liability Law
Premises liability law in Georgia holds property owners responsible for maintaining safe conditions on their property. If a visitor is injured due to unsafe conditions, the property owner may be liable for damages.
Premises liability applies to various types of properties, including:
- Private properties – Homes, apartments, and other residential properties
- Commercial properties – Businesses, restaurants, retail stores, and office buildings
- Public spaces – Parks, sidewalks, and government-owned buildings
A property owner may be responsible for injuries if:
- They knew or should have known about a hazardous condition but failed to fix it.
- The dangerous condition directly caused the injury.
- The injured person was lawfully on the property (such as a customer or invited guest).
Common hazards include slippery floors, broken stairs, poor lighting, and inadequate security. However, liability depends on the circumstances, including the visitor’s legal status on the property.
Common Causes of Premises Liability Claims
Property owners in Georgia have a legal duty to keep their premises safe for visitors. When they fail to do so, preventable premises liability accidents can occur and cause serious injuries. Common causes of premises liability claims include:
Slip and Fall Accidents
Slippery floors, uneven sidewalks, loose carpeting, and poor lighting are frequent causes of falls. Hazards such as spills, wet entryways, or damaged flooring can lead to injuries ranging from bruises to broken bones and head trauma. Property owners may be liable if they fail to fix or warn about these dangers.
Inadequate Security
Poor security can expose visitors to assaults, robberies, or other crimes. Property owners may be responsible if they fail to provide reasonable safety measures, such as proper lighting, security cameras, or personnel, especially in high-risk areas.
Dog Bites and Animal Attacks
Property owners or pet owners may be liable if an animal injures someone, and they knew or should have known it was dangerous. These premises liability with animal attack cases often arise when an owner fails to properly restrain or control the animal. Such incidents can lead to serious injuries, including infections, nerve damage, and emotional trauma.
Unsafe Staircases, Elevators, or Escalators
Broken handrails, uneven steps, or malfunctioning elevators and escalators can cause severe injuries. Property owners are responsible for regular inspections and repairs and may be liable when neglect leads to an accident.
Swimming Pool Accidents
Pool-related injuries and drownings can occur due to missing fencing, broken equipment, or a lack of supervision. Children are especially vulnerable, and property owners may be liable if required safety measures are not in place.
Exposure to Hazardous Conditions
Hazards such as mold, toxic chemicals, gas leaks, or structural defects can cause serious health issues. Property owners must address known dangers or risk liability for resulting injuries or illnesses.
Hotel Negligence
Hotels must maintain safe conditions for guests. Common claims involve slip and falls, inadequate security, broken locks, faulty smoke detectors, bed bug infestations, and unsafe pool areas.
Who Can Be Held Liable for an Injury on Someone Else’s Property?
In Georgia, property owners and those responsible for maintaining a property may be held liable if someone is injured due to unsafe conditions. Liability depends on the circumstances of the accident and who was responsible for maintaining the premises.
Business Owners
Businesses such as stores and restaurants must keep their premises reasonably safe for customers. Failure to clean spills, fix hazards, or provide adequate security may lead to liability. Common claims include slip and falls, falling merchandise, and poor parking lot lighting.
Landlords and Property Managers
Landlords and property managers must maintain safe rental properties by repairing hazards, ensuring proper lighting, and addressing security concerns. Ignoring known dangers can make them responsible for resulting injuries.
Homeowners
Homeowners are responsible for keeping their property safe for guests, including fixing hazards, securing pets, and warning of known dangers. Liability may be limited if the injured person was trespassing or acting recklessly.
Government Entities
Government agencies must maintain safe public spaces such as sidewalks, parks, and buildings. Claims involving public property have strict notice rules and deadlines, making legal guidance important.
Learn More: Georgia law on owner and occupier liability
What Compensation Can You Recover in a Premises Liability Claim?
If you were injured due to unsafe conditions on someone else’s property, you may be able to recover compensation for your losses. The amount depends on the severity of your injuries and how they impact your life.
- Medical Expenses for Treatment and Rehabilitation: Premises liability claims often cover hospital bills, surgeries, doctor visits, medications, and physical therapy. If you require long-term care or rehabilitation, those costs may also be included in your claim.
- Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working, you may be entitled to compensation for lost wages. If your ability to work is permanently affected, you could also recover damages for reduced earning capacity, which accounts for the future income you would have earned.
- Pain and Suffering Damages: Injuries can cause more than just financial losses. You may also be compensated for physical pain, emotional distress, anxiety, or loss of enjoyment of life resulting from your injuries. These damages vary based on the severity of your condition and how it affects your daily life.
- Permanent Disability or Disfigurement Compensation: If an injury results in permanent disability, scarring, or disfigurement, you may be entitled to additional compensation. This includes cases where victims suffer amputations, paralysis, or severe burns that impact their quality of life and ability to work.
- Wrongful Death Damages for Families of Victims: If a loved one dies due to a property owner’s negligence, surviving family members may pursue wrongful death damages. This can include funeral expenses, lost financial support, and compensation for the emotional impact of losing a family member.
Steps to Take After a Premises Liability Injury
Taking the right steps after an injury on someone else’s property can help protect your health and your legal claim.
Seek Medical Attention Immediately
Your health should be the top priority. Even if your injuries seem minor, seek medical care right away. Some injuries, like concussions or internal damage, may not be immediately obvious but can worsen over time. A medical record also serves as important evidence for your claim.
Report the Incident to the Property Owner or Manager
Notify the property owner, store manager, landlord, or another responsible party about the accident as soon as possible. Ask for a written report if available, and make sure to keep a copy for your records.
Document the Scene With Photos and Witness Statements
If possible, take pictures or videos of the area where the injury occurred, including hazards like wet floors, broken stairs, or poor lighting. If anyone witnessed the accident, get their names and contact information in case their statements are needed later.
Avoid Making Statements to Insurance Companies Without Legal Advice
Insurance companies may try to downplay your injuries or shift the blame onto you. Be cautious about what you say, and avoid giving recorded statements without discussing a claim with an injury lawyer. Anything you say could be used to reduce or deny your claim.
Contact a Premises Liability Attorney to Evaluate Your Case
A Decatur personal injury lawyer can review the details of your case, gather evidence, and negotiate with insurance companies on your behalf. If the property owner is responsible for your injuries, an attorney can help you pursue the compensation you deserve.
Learn more: How to Prove Negligence in a Premises Liability Case
How a Decatur Premises Liability Lawyer Can Help
Premises liability cases can be complex, especially when property owners or insurance companies try to deny responsibility. A lawyer can help build a strong case and fight for the compensation you deserve.
- Investigating the Accident and Identifying Liable Parties: A lawyer will examine the details of your case to determine who is responsible for your injuries. This may include business owners, landlords, private property owners, or even government entities. Identifying the right liable party is crucial for pursuing a successful claim.
- Gathering Evidence Such as Surveillance Footage and Maintenance Records: To prove negligence, a lawyer can collect security footage, accident reports, maintenance records, and witness statements. This evidence can help show whether the property owner failed to fix or warn about dangerous conditions before the accident occurred.
- Negotiating With Insurance Companies for Fair Compensation: Insurance companies often try to minimize payouts or shift blame onto the victim. A lawyer can handle all communication with insurers, present strong evidence, and push for a fair settlement that covers medical bills, lost wages, pain and suffering, and other damages.
- Representing You in Court if a Settlement Isn’t Reached: If the insurance company refuses to offer a reasonable settlement, a lawyer can file a lawsuit and take the case to trial. Having legal representation ensures that your rights are protected and that you have the best chance of securing full compensation for your injuries.
How Long Do I Have to File a Premises Liability Claim in Georgia?
In Georgia, the statute of limitations for injury claims is generally two years from the date of the injury. This means you must file a premises liability lawsuit within two years, or you may lose your right to seek compensation.
Some circumstances can alter the standard two-year deadline:
- Claims Against Government Entities – If your injury occurred on government property, you may have a much shorter time to file a notice of claim, sometimes within six months to a year, depending on the agency involved.
- Injuries to Minors – If the injured person is under 18 years old, the statute of limitations may be paused until they reach adulthood.
- Delayed Discovery of Injuries – In rare cases where injuries are not immediately apparent, the deadline may begin when the injury is discovered.
Even if you have time to file, waiting too long can hurt your case. Evidence can disappear, witnesses may forget details, and property owners may fix hazards before they are documented. Speaking with a lawyer as soon as possible can help protect your claim and ensure all legal deadlines are met.
Can You File a Premises Liability Claim if Your Child Was Injured?
Parents or legal guardians can file a premises liability claim on behalf of a child who was injured due to unsafe conditions on someone else’s property. Property owners have a responsibility to keep their premises safe for all visitors, including children.
Special considerations for child premises liability claims include:
- Attractive Nuisance Doctrine – Property owners may be liable for injuries to children if they have a hazardous condition that is likely to attract children, such as a swimming pool, trampoline, or abandoned structure, even if the child was trespassing.
- Parental Filing Rights – A parent or guardian can file a claim to recover medical expenses and other financial losses related to the child’s injury.
- Extended Time Limits – While the standard statute of limitations for premises liability cases in Georgia is two years, minors may have additional time to file a claim. However, claims for medical expenses incurred by the parents must still be filed within the standard deadline.
Because child injury claims can involve unique legal challenges, speaking with a premises liability lawyer can help ensure the claim is handled properly.
Get Help Holding Negligent Property Owners Accountable
Recovering from an injury caused by unsafe property conditions can be overwhelming, especially for an injured victim facing mounting medical expenses and lost income. When property owners fail to implement proper security measures or maintain safe conditions, serious harm can occur. Fortunately, you do not have to go through this process alone. Filing personal injury claims, including cases involving negligent security, can help you pursue the compensation you need to move forward.
If you were injured on someone else’s property, our law firm can help hold negligent property owners accountable. An attorney can review your case, explain your legal options, and fight for fair compensation on your behalf.
Contact Marks Law Group to discuss your next steps and protect your rights.
FAQs
Do I have a case if I slipped and fell, but no one saw it happen?
Yes, a witness is not required to file a premises liability claim. Medical records, photos of the hazard, surveillance footage, and incident reports can all be used to prove how the accident occurred and who was responsible.
Can I still recover compensation if I was partially at fault?
Possibly. Georgia follows a modified comparative negligence rule. You may recover compensation as long as you were less than 50% responsible for the accident, though your recovery may be reduced by your percentage of fault.
What if the property owner fixed the hazard after my injury?
Property owners often repair hazards quickly after an accident, but that does not eliminate liability. Photos, incident reports, witness statements, and maintenance records can still be used to show that the dangerous condition existed at the time of your injury.
How can a Decatur premises liability lawyer help my case?
A lawyer can investigate the accident, gather evidence, identify all liable parties, negotiate with insurance companies, and represent you in court if needed. Having legal representation can significantly improve your chances of recovering fair compensation.
